sir
I joined a PSU bank in July 2015 with 3 years service bond of 3 lac.but in Jan 2016 I got selected in central govt job neither I informed PSU nor central govt about my job. my questions are
1.is service bond of that huge amount is valid in indain law ?becouse I heared that service bond without any technical training is null and void.
2.I resigned in March 2016 from PSU but my resignation is not accepted till now,in this situation can I join my new job?if I joined what legal consequences might b faced?
3.if any court judgement are there then please provide.
4.what should I do to not to pay bond because 3 lac is huge amount.
5.as I hide my previous job details from my new employer and join without paying bond,please tell me whether PSU may send any notice in my new job if yes then what consequences might be faced by me?is there any chance I lost my job?
6.as I discuss it with many lawyes some said bond is illegal need not to afraid but some says you have to pay bond I am confused please guide me
From United States, San Mateo
I joined a PSU bank in July 2015 with 3 years service bond of 3 lac.but in Jan 2016 I got selected in central govt job neither I informed PSU nor central govt about my job. my questions are
1.is service bond of that huge amount is valid in indain law ?becouse I heared that service bond without any technical training is null and void.
2.I resigned in March 2016 from PSU but my resignation is not accepted till now,in this situation can I join my new job?if I joined what legal consequences might b faced?
3.if any court judgement are there then please provide.
4.what should I do to not to pay bond because 3 lac is huge amount.
5.as I hide my previous job details from my new employer and join without paying bond,please tell me whether PSU may send any notice in my new job if yes then what consequences might be faced by me?is there any chance I lost my job?
6.as I discuss it with many lawyes some said bond is illegal need not to afraid but some says you have to pay bond I am confused please guide me
From United States, San Mateo
Any kind of bond stopping an employee to join another company for his betterment is illegal. The system of bonded labour is bad in law. The company can recover the amount they have spent on any special training through money suit. However, you can consult a lawyer with the copy of your bond for better advice.
Please check www.labourlawhub.com for more information on Indian labour laws.
From India, Kolkata
243Please check www.labourlawhub.com for more information on Indian labour laws.
From India, Kolkata
actually sir I consult with 8 lawyers but every one has different view and I am confused on which one I have to believe. can I join my new govt job without acceptance of my resignation?
From United States, San Mateo
From United States, San Mateo
There are two questions involved. One is your resignation from the PSU and second, enforcing the bond.
For joining Government service, it is not necessary to produce any document as to acceptance of the resignation from the previous employment and relieving therefrom (unless it is a case of technical resignation). The question is how your letter of resignation has been worded. Anyhow, it is my considered opinion that resignation could be deemed to have been accepted unless there is a written communication rejecting the resignation.
As regards to the bond, it cannot be enforced unilaterally. Being a contract, that too involving confiscation of property, this could be enforced except otherwise than according to the due process of law.
From India, Kochi
For joining Government service, it is not necessary to produce any document as to acceptance of the resignation from the previous employment and relieving therefrom (unless it is a case of technical resignation). The question is how your letter of resignation has been worded. Anyhow, it is my considered opinion that resignation could be deemed to have been accepted unless there is a written communication rejecting the resignation.
As regards to the bond, it cannot be enforced unilaterally. Being a contract, that too involving confiscation of property, this could be enforced except otherwise than according to the due process of law.
From India, Kochi
Ms Pooja, Signing bond by employee is to take strategic precautions and whether company can ascertain and get any written commitment / assurance from employee that time, money and training cost could be converted as ROI for any future assignments. Suppose, candidate who is undergoing training is not willing to take Technology training , then obviously employer will not make any effort to train him as ROI is certainly not going to come.In employment/ service matters, there has been more favouring employers side several judgments that cost of training, logistics and other incidental expenses like salary etc has been recovered as per court verdicts.Second most important issue before us is loss of time . Courts take pretty very long time to decide, you or other party would go in appeal , years and years where we keep going and waste our productive time and money. If you are sure that your employer has really invested in skilling you, reared up you for future as key resource, its likely to cost you professionally,Legally, morally and personally.However, reference to SPECIFIC CLAUSES OF your bond could have been better and made me more confident , which is not available here in your post and I can comment further, if you wish me to do so.
Regds,
RDS Yadav
Director-Future Instt.oF management and Technology
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
Regds,
RDS Yadav
Director-Future Instt.oF management and Technology
Labour Law Adviser
navtaranghrs@gmail.com
From India, Delhi
sir
actually I have undergone a 7 week training including 3 week classroom training and 4 weeks branch training (in which I worked for psu). in my calculation it is max 1 lac which PSU spend on me and also I am in probation.
sorry sir I am unable to understand specific clouse, please explain.
From United States, San Mateo
actually I have undergone a 7 week training including 3 week classroom training and 4 weeks branch training (in which I worked for psu). in my calculation it is max 1 lac which PSU spend on me and also I am in probation.
sorry sir I am unable to understand specific clouse, please explain.
From United States, San Mateo
PSU bonds are very tightly and strongly worded and they have clear documentation of why you need to pay the bond money. . And when you are shifting from a PSU to Central government, you have to submit a NOC. In case you are not required to provide any documents of previous employment, and you join using this loop hole, just pray that the PSU does not get to know your whereabouts. In case they get to know and inform the Central government, you will be in double soup. Firstly, for having not provided the NOC and secondly foot having jumped the bond. It will result, first in suspension and then in termination and you will be barred from taking up any government job. Pay up and leave and keep the record clean. If you fight legally, you could possibly get restored in the job after about 30 odd years! The legal system of n India to s not friendly to litigants and you will suffer. Like it happened to an IIM B professor recently. He got his job back after 33 years. If you were joining a private sector, then your job would not be in danger.
From Indonesia, Jakarta
From Indonesia, Jakarta
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